In this Zambian judgment of Mattaniah Investments Limited and Zambia State Insurance Corporation Limited, the Zambian High Court considered the meaning of “accident” in a policy which indemnified the insured for loss of broiler chickens due to “accident, disease and illness”. The court accepted that an “accident” is simply something unusual, unforeseen
The California Supreme Court held that the negligent hiring, retention and supervision of an employee who sexually abused a 13-year old at a school where he was working was an ‘accident’ for the purposes of a general liability policy.
In Californian law an accident is ‘an unexpected, unforeseen, or undesigned happening or consequence from either
The insured pleasure craft was fitted with a diagnostic system and a critical alarm for low oil pressure or high coolant temperature. When the alarm went off the engines automatically went into limp mode and the engine-operating manual required the engine to be switched off.
The insured did not read the manual nor switch off
In a curious case the Michigan US Appeals Court found that merely sitting for a long period of time which allegedly led to a truck driver dying of a pulmonary embolism while sitting in the cab of his truck at a truck stop was not bodily injury caused by an occupational accident.
Medical evidence said
An injury caused by or sustained in an ‘accident’ under an insurance policy connotes an accident sustained in circumstances where the assured neither intended nor expected to suffer the injury. The test is a subjective one. Once it is established on a prima facie basis that the insured did not intend or expect to suffer